Missouri Lawsuit Filed to Prevent Taxpayer Financing of Professional Sports Teams

Today Bevis Schock and I filed a lawsuit against the State of Missouri, the Missouri Governor and Attorney General regarding Senate Bill 3, which provides that Missouri will provide illegal subsidies to the KC Chiefs and KC Royals. Our Plaintiffs are State Senator Michael Moon, State Representative Bryant Wolfin and citizen activist Ron Calzone of Maries County. Plaintiffs assert that Missouri taxpayers should not be forced to fund professional sports teams. Here is today's press release, which further describes the claims .The Plaintiffs are asking the court to declare SB 3 unconstitutional and to enjoin its enforcement. Bevis and I have been co-counseling on a variety of cases over the past few years. It is an honor to work with him.

"JULY 31, 2025

PRESS RELEASE -- FOR IMMEDIATE RELEASE

CHALLENGE TO CHIEFS AND ROYALS STADIUM SUBSIDIES

Three Plaintiffs have just filed 25AC-CC05910 - Moon v. State, a lawsuit in Cole County Circuit Court challenging the constitutionality of Senate Bill 3, the Bill passed in the June Extraordinary Session of the General Assembly which gives around $1.2 billion in subsidies for the Chiefs and Royals. See attached proof of filing and copy of the Petition.

The Plaintiffs are State Senator Michael Moon, Senate Dist 29, (Southwest Missouri) (GOP), State Representative Bryant Wolfin, House Dist. 145 (Ste. Genevieve) (GOP), and citizen activist Ron Calzone, Maries County (Central Missouri). The Defendants are the State of Missouri, Governor Michael Kehoe and Attorney General Andrew Bailey. Counsel for the Plaintiffs are W. Bevis Schock and Erich Vieth, both of St. Louis. This suit is supported financially by the Article 3 Institute, a 501(c)(4), a charitable organization.

As Truly Agreed to and Finally Passed the Bill, among other provisions, (1) provides taxpayer subsidies to the owners of sports teams for building and improving stadiums and even privately owned headquarters, (2) allows holders of elective office to use campaign funds to pay attorneys to defend legal challenges brought against them related to the Bill, (which would otherwise be a forbidden use of campaign funds for a personal purpose), and (3) provides property tax relief, via tax credits, to homeowner disaster victims, and (4) allows some but not all counties to vote on the adoption of the tax credits for property tax relief for all homeowners.

The suit asks the court to declare SB 3 unconstitutional and to enjoin its enforcement. The Bill’s quick trip through the legislature was unconstitutional because it violated the Missouri constitution’s rules requiring bills to have a clear title, a single subject, and a single purpose all the way through the legislative process. The Bill is also unconstitutional because it grants taxpayer money to private for-profit entities (Chiefs and Royal). Such grants are not “primarily public.” The Bill also violates the Missouri Constitution in that it is a “special law.”

The stadium subsidies are a bribe paid to sports team owners to meet their extortion demand to stop them from leaving Missouri for Kansas. The way the numbers work, it appears the legislature and the governor are sticking taxpayers with most of the salary of Chiefs Quarterback Patrick Mahomes. See para. 15. (Plaintiffs agree that he is one GREAT football player!).

An entrepreneur in the entertainment industry should pay for his own hall.

The trial court loser will have a direct appeal to the Missouri Supreme Court. "

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The Day Oliver Wendell Holmes Changed his Mind About Free Speech

Here is an illustration of why it is vitally important that we (sometimes) change our minds. This is an excerpt from the famous dissent of Oliver Wendell Holmes in the 1919 case of Abrams v The United States:

Persecution for the expression of opinions seems to me perfectly logical. If you have no doubt of your premises or your power, and want a certain result with all your heart, you naturally express your wishes in law, and sweep away all opposition. To allow opposition by speech seems to indicate that you think the speech impotent, as when a man says that he has squared the circle, or that you do not care wholeheartedly for the result, or that you doubt either your power or your premises.

But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas -- that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.

That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment. Every year, if not every day, we have to wager our salvation upon some prophecy based upon imperfect knowledge. While that experiment is part of our system, I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.

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NPR Incoherently Lashes Out at “Free Speech”

Matt Taibbi's latest article, with which I completely agree: "NPR Trashes Free Speech. A Brief Response: In an irony only public radio could miss, "On the Media" hosts an hour on the perils of "free speech absolutism" without interviewing a defender of free speech." An excerpt:

The guests for NPR’s just-released On The Media episode about the dangers of free speech included Andrew Marantz, author of an article called, “Free Speech is Killing Us”; P.E. Moskowitz, author of “The Case Against Free Speech”; Susan Benesch, director of the “Dangerous Speech Project”; and Berkeley professor John Powell, whose contribution was to rip John Stuart Mill’s defense of free speech in On Liberty as “wrong.”

That’s about right for NPR, which for years now has regularly congratulated itself for being a beacon of diversity while expunging every conceivable alternative point of view.

I always liked Brooke Gladstone, but this episode of On The Media was shockingly dishonest. The show was a compendium of every neo-authoritarian argument for speech control one finds on Twitter, beginning with the blanket labeling of censorship critics as “speech absolutists” (most are not) and continuing with shameless revisions of the history of episodes like the ACLU’s mid-seventies defense of Nazi marchers at Skokie, Illinois.

The essence of arguments made by all of NPR’s guests is that the modern conception of speech rights is based upon John Stuart Mill’s outdated conception of harm, which they summarized as saying, “My freedom to swing my fist ends at the tip of your nose.”

Because, they say, we now know that people can be harmed by something other than physical violence, Mill (whose thoughts NPR overlaid with harpsichord music, so we could be reminded how antiquated they are) was wrong, and we have to recalibrate our understanding of speech rights accordingly.

This was already an absurd and bizarre take, but what came next was worse. I was stunned by Marantz and Powell’s take on Brandenburg v. Ohio, our current legal standard for speech, which prevents the government from intervening except in cases of incitement to “imminent lawless action”:

"MARANTZ: Neo-Nazi rhetoric about gassing Jews, that might inflict psychological harm on a Holocaust survivor, but as long as there’s no immediate incitement to physical violence, the government considers that protected… The village of Skokie tried to stop the Nazis from marching, but the ACLU took the case to the Supreme Court, and the court upheld the Nazis’ right to march.

POWELL: The speech absolutists try to say, “You can’t regulate speech…” Why? “Well, because it would harm the speaker. It would somehow truncate their expression and their self-determination.” And you say, okay, what’s the harm? “Well, the harm is, a psychological harm.” Wait a minute, I thought you said psychological harms did not count?"

This is not remotely accurate as a description of what happened in Skokie. People like eventual ACLU chief Ira Glasser and lawyer David Goldberger had spent much of the sixties fighting the civil rights movement. The entire justification of these activists and lawyers — Jewish activists and lawyers, incidentally, who despised what neo-Nazi plaintiff Frank Collin stood for — was based not upon a vague notion of preventing “psychological harm,” but on a desire to protect minority rights . . . .

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If you are wondering whether Taibbi is accurately portraying this NPR discussion, I invite you to listen to it here. NPR's conversation is stunningly muddled and incoherent. None of the guests show any meaningful familiarity with the work of John Stuart Mill. None of the participants demonstrate a working understanding of the First Amendment or the case law interpreting it. The result is that most of the discussion is aimed at straw men. And fully in line with what NPR has done, it stirred in a discussion of the "implicit bias" test in this free speech discussion, the perfect cherry on top for NPR's increasingly woke audience. This is what passes for a meaningful discussion at NPR.

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